Breckenridge Expungement and Record Sealing Attorneys
Wanting To Have Your Criminal Record Sealed?
Having a criminal charge against you can affect your employment opportunities, relationships, reputation, and many other aspects of life. For this reason, it is not surprising that many people desire to have their record sealed, preventing the public from seeing their arrest or conviction. Expungement, where a record is deleted altogether, is available only in limited circumstances.
If you want advice or assistance in getting your criminal record sealed or expunged in Colorado, call Whitaker & Penix, LLC today at (970) 368-0602. Our Breckenridge criminal attorneys can discuss whether you are eligible for sealing or expungement of your record, and can assist you with the process.
Record Sealing in Colorado
If you were arrested or convicted of a crime in Colorado, it is natural to want to conceal this as much as possible. One method of limiting the exposure of your record is to apply to have it sealed. Having your record sealed means that it will not appear on background checks performed on you, whether by potential employers or other parties. Although your record will not be publicly available, your arrest or conviction remains visible to prosecutors and the police.
In Colorado, a request to seal a record is made by filing a specified form with the Colorado court (form JDF 477 if your case was dismissed or acquitted, or form JDF 612 if you were convicted). A filing fee of $65 applies.
Notably, a number of more serious offenses are not eligible for sealing, including class 1–3 felonies, sex crimes, domestic violence, level 1 drug felonies, class 1 and 2 misdemeanor traffic offenses and class A and B traffic infractions.
Record Sealing vs. Expungement
Although often confused, record sealing is different from expungement. Record sealing prevents your arrest or conviction from being displayed on your criminal record when requested by a member of the public. Expungement involves the complete deletion of your criminal record so that not even police or prosecutors can see past arrests or convictions.
In Colorado, expungement is only available for juvenile crimes. Examples of juvenile crimes that may be expunged include an underage drinking and driving charge, underage alcohol or drug convictions, and other juvenile offenses.
DNA Record Expungement
When an adult is arrested for a felony, a sample of their DNA is collected and kept on record. When certain conditions are met, a person can apply in writing to have their DNA sample removed or expunged.
To be eligible, the charges must have been dismissed, the case acquitted, or the conviction must have been for an offense other than a felony. Alternatively, expungement may be available if no charges were filed within 90 days of a person’s arrest.
Record Sealing or Expungement Benefits
Having your record sealed or expunged comes with a number of benefits. Having a criminal record reflects negatively on you and can affect a range of matters, including employment opportunities, citizenship status, travel opportunities, parental rights and housing. Criminal records can also affect your reputation and relationships.
If your record is expunged or sealed, this prevents agencies from discovering your arrest or conviction through a background check. You are also legally allowed to deny having ever been arrested or convicted when asked if your record is sealed or expunged.
Call a Breckenridge Criminal Lawyer at Whitaker & Penix, LLC Today
At Whitaker & Penix, LLC our Summit County criminal attorneys go above-and-beyond to support our clients, ensure they obtain sound legal advice, and passionately fight for our clients’ rights.
If you want advice on having your record sealed or expunged, or want assistance with this process, call our Breckenridge criminal defense lawyers today at (970) 368-0602 for a free consultation.